Scottish Executive

Children's Panels

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-28350 by Cathy Jamieson on 23 September 2002 and with regard to Annex B, paragraph 8 of its Social Work Services Group circular SWSG 9/98, what the normal upper age limit is for (a) new and (b) reappointed members of children’s panels.

Cathy Jamieson: Panel members are normally recruited up to the age of 60 and will not usually be re-appointed beyond the 15 May following their 65 birthday. However, if recommended by a Children’s Panel Advisory Committee (CPAC), appointments may be made up to the age of 62 for new applicants. Reappointment of serving panel members beyond their 65 birthday may also be approved subject to a recommendation by a CPAC. Reasons might include recruitment or retention difficulties affecting the balance of skills and experience, age or gender of the panel. This change was notified to CPACs on 18 August 2000. The circular is currently being updated to reflect this and other changes.

Children's Panels

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how much it cost to establish its "Children's Hearings" website and what the annual operating costs are of the site.

Cathy Jamieson: The initial design and development of the site was as part of the main Scottish Executive website and undertaken by Scottish Executive staff. No development costs are available. Around £300 was spent in registering and setting up the separate website. Operating costs for the first two years have been less than £1,100 per year.

Company Directors Disqualification Act 1986

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive how many disqualification orders were made under sections 1 and 2 of the Company Directors Disqualification Act 1986 and how many were in respect of breaches of health and safety legislation in each of the last five years, broken down by sheriff court district.

Mr Jim Wallace: The information requested is not held centrally.

Criminal Procedure (Scotland) Act 1995

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive how many orders for parental co-operation have been made under section 45(1) of the Criminal Procedure (Scotland) Act 1995 in each of the last five years, broken down by sheriff court district.

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive how many (a) actions for recovery of security there have been and (b) persons have been imprisoned under section 45(3) of the Criminal Procedure (Scotland) Act 1995 in each of the last five years, broken down by sheriff court district.

Mr Jim Wallace: The information requested is not held centrally.

Education

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-29654 by Cathy Jamieson on 1 October 2002, what part of the General Agreement on Trade in Services (GATS) "makes clear that liberalisation shall take place, if at all, with due respect for national policy objectives, and recognises the right of WTO member governments to regulate, and to introduce new regulations, on the supply of service within their territories in order to meet national policy objectives".

Cathy Jamieson: In the 4th paragraph of the preamble to the GATS, the following statement is located which makes it clear that liberalisation will take place, if at all, with due respect for national policy initiatives:

  "Recognising the right of members to regulate, and to introduce new regulations, on the supply of services within their territories in order to meet national policy objectives and, given asymmetries existing with respect to the degree of development of services regulations in different countries, the particular need of developing countries to exercise this right."

  However, the regulation of international trade is a reserved matter.

Education

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-29654 by Cathy Jamieson on 1 October 2002, what part of the General Agreement on Trade in Services leads it to consider that requests for liberalisation do not seek the privatisation of state-supplied public services.

Cathy Jamieson: It is not for the Scottish Executive to consider whether or not requests for liberalisation seek the privatisation of state-supplied public services as the regulation of international trade is a reserved matter.

European Union

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether it sent any representative to attend the meeting of the Justice and Home Affairs Council of the European Union on 14 and 15 October 2002 and what the reasons are for its position on this matter.

Mr Jim Wallace: There was no representative from the Scottish Executive at the Justice and Home Affairs Council of the European Union on 14 and 15 October 2002. Negotiations within the European Union are conducted by the UK Government, taking due account of the views of the devolved administrations. The Scottish Executive is in regular contact with the UK Government on a wide variety of EU-related issues, including those that were discussed on 14 to 15 October.

Ferry Services

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive whether any regional selective assistance or any other public support given to IBM was made conditional upon use being made of the new Rosyth to Zeebrugge ferry and what the reasons are for its position on this matter.

Iain Gray: No. Regional selective assistance offers are not made conditional upon firms’ use of particular transport providers, since this could contravene European Community state aid rules.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how many patients have received a heart transplant in the Greater Glasgow NHS Board area in 2002.

Malcolm Chisholm: Since the beginning of 2002, nine patients have received a heart transplant at the Scottish Heart Transplant Unit in Glasgow.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what plans it has to place automated external defribillators in public places to reduce the number of deaths from sudden cardiac arrest.

Malcolm Chisholm: We will continue to keep under review the evidence as it emerges on the benefits of siting automated external defibrillators in public places. A recent Scottish study suggests, however, that additional resources for wide-scale coverage of public access defibrillators are probably not justified by the marginal improvement in survival.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it will detail the Partners in Change programmes in each NHS board area, as referred to in section 5 of Our National Health: A plan for action, a plan for change .

Malcolm Chisholm: Eighty-six Partners in Change programmes have been established across Scotland. A directory of these programmes is currently being finalised and a copy will be placed in the Parliament’s Reference Centre in late November.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how members of the public can gain access to the health plans for each local authority area, as referred to in section 2 of Our National Health: A plan for action, a plan for change .

Malcolm Chisholm: The responsibility for ensuring public access to health plans rests with the NHS board.

  Each NHS board will make its own arrangements, in conjunction with its local partners, for public access to information and health plans in accordance with the needs and circumstances of their local areas.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it has any plans to introduce legislation to remove any remaining barriers to joint working between NHS and social work and housing departments, as referred to in section 3 of Our National Health: A plan for action, a plan for change .

Mr Frank McAveety: This commitment was implemented through the provisions in sections 13-17 of the Community Care and Health (Scotland) Act 2002.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how the NHS and the voluntary sector are now working together, based on the principles set out in The Scottish Compact, as referred to in section 4 of Our National Health: A plan for action, a plan for change .

Malcolm Chisholm: All NHS boards have adopted and are expected to operate by the principles set out in The Scottish Compact. In addition, Voluntary Health Scotland have been funded to employ development staff to ensure that NHSScotland is aware of, and makes use of the potential of their local voluntary organisations.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether it has conducted, commissioned or is aware of any recent polls to measure public attitude to the NHS and, if so, whether there has been any change to the 13% figure reporting some improvement in the NHS, as referred to in the Annex to Our National Health: A plan for action, a plan for change .

Malcolm Chisholm: No. Scotland-wide opinion polls have been commissioned or conducted since the MORI/System 3 poll reported in  Our National Health: A plan for action; a plan for change which found that "at least 4 out of 5 NHS users were satisfied with the service they received".

Health

Shona Robison (North-East Scotland) (SNP): To ask the Scottish Executive what research is currently being undertaken into the causes of allergies.

Malcolm Chisholm: The National Research Register (NRR), a UK-wide research database, records that there are 66 research projects in the UK on the causes of allergies. Details of these projects are available from the NRR, a copy of which is in the Parliament’s Reference Centre (Bib. number 17404).

Health

Shona Robison (North-East Scotland) (SNP): To ask the Scottish Executive what funding it has made available for research into the causes of allergies.

Malcolm Chisholm: The Chief Scientist Office (CSO), within the Scottish Executive Health Department, has responsibility for encouraging and supporting research into health and health care needs in Scotland.

  The CSO is not currently directly funding any research projects on the causes of allergies. The CSO is primarily a response mode funder and would be pleased to consider proposals for research into the causes of allergies which would be subject to the usual peer and committee review.

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether Seroxat leads to dependence on or addiction to the drug.

Malcolm Chisholm: As with all medicines, the safety of Seroxat (paroxetine) is continually monitored by the Medicines Control Agency (MCA) and the independent expert advisory body, the Committee on Safety of Medicines (CSM).

  The CSM reviewed the issue of withdrawal reactions and possible dependence with Seroxat and the other Selective Serotonin Re-uptake Inhibitors (SSRIs) in 1998-99 and concluded that all SSRIs may be associated with withdrawal reactions on stopping, but they are not drugs of dependence. As a result of the review product information was updated.

  Similarly, in 2000, the European scientific advisory committee, the Committee on Proprietary Medicinal Products carried out a detailed review of withdrawal reactions and possible dependence with the SSRIs. The available evidence did not suggest that the SSRIs caused dependence. The results of the review can be found on the European Medicines Evaluation Agency website at: www.emea.eu.int.

  Also in 2000, the MCA/CSM reminded prescribers about withdrawal reactions associated with the SSRIs in an article in the drug safety bulletin Current Problems in Pharmacovigilance. This bulletin can be accessed on the MCA/CSM website at: www.mca.gov.uk.

  The MCA and the CSM will continue to assess any new data that emerge on these important issues.

Health

Fiona McLeod (West of Scotland) (SNP): To ask the Scottish Executive what instructions it has issued to Audit Scotland with regard to resolution S1M-3375 on the acute services review, passed by the Parliament on 12 September 2002.

Malcolm Chisholm: Greater Glasgow NHS Board has engaged the services of PricewaterhouseCoopers (PwC) who will provide external commentary on the governance arrangements and processes for the development and implementation of the Acute Services Strategy. The reports produced by PwC will be submitted to Audit Scotland and will be subject to independent review. They may also form the basis of any reports to the Scottish Parliament that the Auditor General for Scotland may prepare.

Higher Education

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether any specific small institution funding could be made available to the Heriot-Watt University Scottish Borders campus in relation to its textile, clothing and fashion courses.

Iain Gray: The allocation of funds to individual higher education institutions is a matter for the Scottish Higher Education Funding Council (SHEFC). Ministers are expressly prevented, in terms of the Further and Higher Education (Scotland) Act 1992, from framing SHEFC grant conditions by reference to particular institutions or programmes.

Justice

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-29174 by Mr Jim Wallace on 25 September 2002, what investigation the Deputy First Minister and Minister for Justice has made into the role and influence of the Speculative Society; when any such investigation took place, and what evidence was considered and from whom.

Mr Jim Wallace: I made clear in the answer given to question S1W-29174 that I did not consider that membership of the Speculative Society was a matter requiring investigation by ministers.

Justice

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive how it ensures that the judiciary conducts itself in a properly impartial manner.

Mr Jim Wallace: It is a fundamental principle of our justice system that the judiciary are independent of ministers. There are, therefore, no standing arrangements for ministerial review of judicial conduct.

  Any specific complaints about judicial conduct addressed to ministers or my department are investigated. In any serious case of misbehaviour or neglect of duty the law provides for an investigation into fitness for office.

Mental Health

Mr Duncan Hamilton (Highlands and Islands) (SNP): To ask the Scottish Executive what help it is giving Argyll and Bute Council with regard to setting up mental health clubhouses similar to Scotia House in Glasgow.

Mrs Mary Mulligan: It is for Argyll and Bute Council to consider whether the setting up of mental health clubhouses similar to Scotia House in Glasgow is appropriate to meet the needs of their area. Support for mental health projects in the community is given through Mental Illness Specific Grant, of which Argyll and Bute Council’s share is £423,700 in 2002-03.

NHS Expenditure

Nicola Sturgeon (Glasgow) (SNP): To ask the Scottish Executive how much funding was allocated and (a) how much and (b) what percentage of the staff budget was spent on pay for each workforce group listed by the Information and Statistics Division of the Common Services Agency in each year since 1997-98.

Malcolm Chisholm: No specific allocations are made for staff budgets. Staff costs are met from the overall sums allocated to NHS boards to enable them to meet the health care needs of their resident populations. Therefore, information on funding allocation by workforce group is not available centrally.

NHS Funding

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether NHS boards are allowed to retain all monies received from the sale of land and property or whether some or all of such monies are retained by the NHS or any other body at a national level and, if any monies are retained at a national level, whether they may be vired back to the board that sold the land or property to spend on building new NHS facilities such as hospitals.

Malcolm Chisholm: The information requested is given in HDL (2000) 29 and HDL (2001) 15 published by the Scottish Executive Health Department. Copies are available in the Parliament’s Reference Centre (Bib. numbers 24753 and 24754).

Osteoporosis

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what the results are of the monitoring of the performance in assessing the health impact of the primary care osteoporosis framework, as referred to in section 1 of Reducing fractures and osteoporosis in Scotland: A strategy for health boards, local health care co-operatives, acute and primary care trusts , produced by the National Osteoporosis Society.

Malcolm Chisholm: The framework referred to in the question was promulgated by the National Osteoporosis Society, not by the Executive. The Executive acknowledges the role of the voluntary sector in offering advice to NHS boards on service issues, but does not monitor the implementation of such advice.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what financial or other penalties have been incurred by Medacs under its contract to supply general practitioners to the Scottish Prison Service in each of the last three years.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  
 November 2000 to March 2001
£2,400 
April 2001 to March 2002 £17,550
 April 2002 to September 2002
£1,700

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive, further to the ministerial statement on the prison estates review by the Deputy First Minister and Minister for Justice on 5 September 2002, what steps it will take to ensure that there is not a two-tier workforce in the Scottish Prison Service between the privately-operated and the publicly-operated prisons.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  The contract will be for the provision of a new service to the Scottish Prison Service delivering about 700 new prisoner places, not the creation of a new prison, and with it a workforce, within the Scottish Prison Service.

Prison Service

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-28446 by Mr Jim Wallace on 11 September 2002, how many prisoners diagnosed with a mental illness are currently in receipt of specialist treatment and what form this treatment takes, broken down by prison.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  This information is not available in the form requested.

  While prisoners with a mental illness may be receiving treatment through groupwork, individual cognitive behavioural therapy or drugs acting on the central nervous system, no central records are maintained. Some prisoners are under the care of a consultant psychiatrist, as is the case in the community, while others are cared for by prison medical and nursing staff locally.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what resources for the care and treatment of young people with mental health problems in young offender institutions were made available in each year since 1999-2000 and what future resources are to be made available.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Young people with mental health problems are currently cared for by a multidisciplinary team, including medical, nursing, psychology and social work staff. The development of multidisciplinary mental health teams will continue in the future.

Prison Service

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will ensure that prisoners with (a) mental illness and (b) suicidal tendencies are given appropriate care and support.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Prisoners with mental illness or a tendency to self-harm are cared for by a multidisciplinary team including medical, nursing, psychology and social care staff.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive, further to the answer to question S1W-30093 by Mr Jim Wallace on 15 October 2002, in what way disclosing whether the premium paid to the authority in the event that a private prison cannot find insurance at a commercial price is greater than the premium previously paid to a private provider for the same insurance might prejudice future negotiations with providers of a new prison.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  This information would provide bidders with an indication of the level of premium that SPS had previously found to be acceptable. It could therefore inhibit bidders from proposing a more competitive rate.

Proceeds of Crime Act 2002

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what importance it gives to legislation on the confiscation of proceeds of crime.

Mr Jim Wallace: The Scottish Executive attaches very considerable importance to the effective implementation of the Proceeds of Crime Act 2002 which received Royal Assent on 24 July. The act enhances the powers to confiscate assets following conviction, strengthens police powers of investigation, introduces new powers of civil recovery and cash seizure, and allows for the taxation of suspected criminal assets.

  The intention is to bring the cash seizure provisions in part 5 of the act and the money laundering provisions in part 7 into operation in December 2002. The bulk of the rest of the act will be implemented by February 2003. The existing Crown Office Criminal Confiscation Unit is being strengthened and a new Civil Recovery Unit set up. A major training exercise involving procurators fiscal, police, customs and excise officers and others involved in enforcing the act's provisions is under way.

  On 23 August 2002 the Executive published for consultation a draft code of practice in relation to searches for suspected cash, as required by section 293 of the act. The finalised code will be brought into effect by statutory instrument after it has been approved by the Scottish Parliament. The Executive is also in the process of recruiting an "appointed person" to scrutinise police use of cash search powers under sections 290 and 291 of the act.

  On 15 October 2002 the Executive published a draft code on the use of the new investigations powers in part 8, as required by section 410 of the act. Following consultation, it too will be subject to approval by the Scottish Parliament.

  The Proceeds of Crime Act 2002 represents a step change in the fight against crime and we are determined to ensure its successful implementation.

Prostitution

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what the existing law is on prostitution and what powers police forces have to enforce the law on soliciting, kerb crawling and prostitution.

Mr Jim Wallace: The Civic Government (Scotland) Act 1982 and the Criminal Law (Consolidation) (Scotland) Act 1995 set out various offences relating to prostitution. Kerb crawling or offering money for sexual acts, which is likely to cause fear or alarm, can also be prosecuted under the common law offence of breach of the peace.

Racism

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive, further to the answer to question S1W-28035 by Ms Margaret Curran on 27 August 2002, whether it has yet reached any conclusion on the implications for Scots law of the EU draft framework decision on combating racism and xenophobia.

Ms Margaret Curran: The European Union framework decision on combating racism and xenophobia is still under discussion by member states and we must make sure that our considerations take account of the finalised text. Any implication for Scots law will be highlighted in the usual way through the UK Government.

Secure Units

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether Kerelaw School has been replaced, as recommended in section 2.4 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what data it has on retrospective studies of outcomes in terms of actual placements following secure care authorisations by children's hearings, as recommended in section 2.6 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what records are now kept by secure units in relation to young people retained in secure accommodation due to a lack of follow-up facilities, as recommended in section 2.7 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive when the national strategy for secure care will be published, as recommended in section 2.10 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive which local authorities have prepared a strategic plan for the integration of services provided to the most difficult young people, as recommended in section 2.11 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether it has funded a feasibility study into providing a 24-hour online information service on placing for local authorities, as recommended in section 2.12 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what arrangements it has put in place for a review of arrangements for specialist programmes, as recommended in section 2.13 of Secure Accommodation Advisory Group Interim Report May 2001 .

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what measures it has taken with regard to the impact of the European Convention on Human Rights on issues relating to secure accommodation, as recommended in section 2.14 of Secure Accommodation Advisory Group Interim Report May 2001 .

Cathy Jamieson: The Secure Accommodation Advisory Group’s interim report has not yet been published and I am therefore not in a position at present to comment on its recommendations.

Secure Units

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many young people were retained in secure units due to a lack of follow-up facilities in (a) 1999-2000, (b) 2000-01, (c) 2001-02 and (d) 2002-03 to date.

Cathy Jamieson: The information requested is not held centrally.

Secure Units

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what (a) alternatives to secure care exist and (b) funding was allocated to these alternatives in (i) 1999-2000, (ii) 2000-01, (iii) 2001-02 and (iv) 2002-03 to date.

Cathy Jamieson: There are a number of close support units in Scotland, offering alternatives to secure accommodation. Local authorities are also able to use youth crime monies to develop such services, £13.5 million has been allocated to local authorities between 1999-2000 to 2002-03. On 18 October, I announced a new Intensive Support Fund of £3 million to enable both local authorities and voluntary organisations to increase the level of community-based supervision of young offenders, to improve the quality of care in secure and to improve support for those returning to their communities from secure accommodation.

Secure Units

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive when the final report of the Secure Accommodation Advisory Group will be published.

Cathy Jamieson: I refer the member to the answer given to question S1W-30212 on 23 October 2002. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at   http://www.scottish.parliament.uk/webapp/wa.search .

Secure Units

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what steps have been taken, and when, regarding financial support for the provision of secure care, as recommended in section 2.5 of Secure Accommodation Advisory Group Interim Report May 2001 .

Cathy Jamieson: I refer the member to the answer given to question S1W-30448 today. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at   http://www.scottish.parliament.uk/webapp/wa.search .

Sexual Abuse

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether it has made any specific representations to (a) the Council of the European Union, (b) any member or body of (i) the European Parliament and (ii) the Committee of the Regions and (c) the European Commission about the draft EU framework decision on combating the sexual exploitation of children and child pornography.

Mr Jim Wallace: The Scottish Executive is in close touch with the UK Government on this draft EU framework decision to ensure that Scotland’s interests are taken fully into account when it makes representations to these EU bodies.

Sexual Abuse

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether it has made any specific representations to Her Majesty’s Government about the draft EU framework decision on combating the sexual exploitation of children and child pornography.

Mr Jim Wallace: The Scottish Executive is in regular contact with the UK Government on a wide range of issues, including the draft framework decision on combating the sexual exploitation of children and child pornography.

Sexual Abuse

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what assessment it has made of any impact that the draft EU framework decision on combating the sexual exploitation of children and child pornography will have on Scots law.

Mr Jim Wallace: The draft framework decision on combating the sexual exploitation of children and child pornography requires the harmonisation of member states criminal law and penalties on the use of children as prostitutes, their participation in the production of pornography and other abusive sexual activity with children. The Scottish Executive is studying the draft framework decision to determine what the implications might be for Scotland.

Sexual Abuse

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what its position is on the draft EU framework decision on combating the sexual exploitation of children and child pornography.

Mr Jim Wallace: The provisions of the draft framework decision on combating the sexual exploitation of children and child pornography, if adopted, will be implemented as required throughout the UK as part of the UK’s international obligations. However, in Scotland, the implementation would take account of the distinctive Scottish legal system.

Skye Bridge

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive whether it is confident that there is no link between membership of the Speculative Society and the handling of Skye Bridge cases that have been heard in the Supreme Court.

Mr Jim Wallace: Yes. I do not consider that there is any connection whatsoever between membership of this debating society and the decisions made by judges in the Supreme Courts.

Social Work

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what action it is taking to review the guidelines for the protection of vulnerable adults, as recommended by Scottish Borders Council in its Report on External Validation Report in the Case Review of Miss X .

Mrs Mary Mulligan: This recommendation is about action to be taken by the local agencies.

Social Work

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many vulnerable adults are currently awaiting referral to a social worker, broken down by local authority.

Mrs Mary Mulligan: The information requested is not held centrally.

Social Work

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether it has issued guidelines on the average caseload of community social workers.

Cathy Jamieson: The Scottish Executive has issued no guidance on average caseloads for social workers working in the community. Employers take account of complexity, local circumstances such as geography and the experience of individual social workers in determining caseloads.

Scottish Parliamentary Corporate Body

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Presiding Officer, further to his answer to question S1W-29132 on 24 September 2002, what the (a) names are of the contractors for the 16 works packages let as part of the Holyrood project where a performance bond is outstanding and (b) total value was of the package awarded to each of these contractors and whether there will be any claim or possible claim in relation to the eight packages let as part of the Holyrood project where a performance bond is no longer required.

Sir David Steel: Negotiations on Trade Contracts for the new Scottish Parliament building at Holyrood are carried out on a commercially confidential basis and it would not be appropriate to name publicly those contractors who have yet to provide a Performance Bond, particularly as most contracts in this category have only recently been awarded. The Convener of the Holyrood Progress Group has informed me that there are currently no claims under consideration relating to those Trade Contracts where a Performance Bond is no longer required.

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Presiding Officer, further to his answer to question S1W-29132 on 24 September 2002, how many works packages were let as part of the Holyrood project; what other mechanism, other than a performance bond, was sought and in respect of which works packages; whether a parent company guarantee was used and, if so, in respect of which package, and what the value of each contract was.

Sir David Steel: To date, a total of 60 Trade Package contracts have been awarded. Other than a Performance Bond, the SPCB is entitled, under the terms of each contract, to request a Parent Company Guarantee as advised by the Construction Manager. In addition, there are a number of performance management tools in place throughout all Trade Packages which ensure that the client's interests are suitably protected. These are:

  1. The Construction Managers monitor on a daily basis that work is being carried out to the required standard set out in the detailed specification for materials and workmanship, and performance delivery is measured against the construction programme.

  2. Action is taken as necessary to ensure that no payment for sub-standard work is made and steps are taken to encourage improved levels of performance.

  3. Three per cent of the gross value of all payments due to contractors is retained and released only when the client is satisfied that the contract has been completed and any defects rectified to the required standard.

  To date, with the exception of the contract with Flour City Architectural Metals (UK) Ltd, no recovery has been sought against a Parent Company Guarantee in relation to any of the Trade Packages let. The value of the original contract with Flour City Architectural Metals (UK) package was £7,157,281.29.

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Presiding Officer whether there is any conflict of interest between the Parliament and Bovis Lend Lease(Scotland) Ltd in relation to the Holyrood Project.

Sir David Steel: No.

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Presiding Officer whether any estimate has been made of the costs to the Holyrood project in the event that the "degree of uncertainty" referred to by the Holyrood Project Director at the Finance Committee on 8 October 2002 ( Official Report , c 2244) results in the new Parliament building not being completed and ready for occupation by December 2003 and, if so, whether the Scottish Parliamentary Corporate Body will give a detailed breakdown of this estimate.

Sir David Steel: The Convener of the Holyrood Progress Group has confirmed that no estimates for such an outcome are available at this stage, and as was reported to the Finance Committee at their meeting on 8 October 2002, once the position on programme is more certain, any financial implications will be reported to the committee.

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Presiding Officer,  further to his answer to question S1W-30288 on 18 October 2002, why the breakdown of fees payable to consultants involved in the Holyrood project was commercially confidential, given that the breakdown of fees payable to Davis Langdon & Everest, EMBT/RMJM Ltd, Ove Arup and Partners, RMJM Scotland Limited and Bovis Lend Lease (Scotland) Limited was disclosed in the Auditor's General's report The New Scottish Parliament Building - An examination of the management of the Holyrood Project (AGS/2000/2) and whether the Scottish Parliamentary Corporate Body considers that information on consultants' fees is in the public interest.

Sir David Steel: The SPCB regards the amount of fees paid to individual consultants as "commercially confidential". Publication of such information by the Parliament would generally be considered as something that might impede fair competition between them and their competitors and/or prejudice the consultants’, or the Parliament's, future negotiating position. Disclosure would also be in breach of the individual tender agreements between the Parliament and the consultants, which were agreed on a commercially confidential basis and could not be made without the agreement of the firms involved. I understand from the Convener of the Holyrood Progress Group that the Auditor General was required to obtain the specific approval of the respective consultants before authority for publication of the figures was given under the particular circumstances. The Parliament would not normally release such information unilaterally and that is only proper. It is the case that certain elements of fee agreements are still under discussion, however, once outstanding negotiations have been concluded and subject to clearance with the Parliament's legal office, we would expect to secure the agreement of the consultants involved and make these details available.